12. D.M. Consuji vs Court of Appeals & Maria J.

Juego
[GR. No. 137873; April 20, 2001]
Waiver of Rights

Recit-Ready: In this case, Jose Juego, a construction worker of DMCI fell 14 floors
from the Renaissance Tower, Pasig City to his death. Jose's widow, Maria has
already availed the benefits from the State Insurance Fund without fully knowing
her rights. She filed a complaint on the RTC of Pasig for damages against her
husband's employer for negligence.

Facts:
On November 2, 1990 at around 1:30PM, Jose Juego, a construction worker from
DMCI fell 14 floors from the Renaissance Tower, Pasig City to his death. He was
with Jessie Jaluag and Delso Destajo during this time but they survived. Jose
Juego was rushed to the Rizal Medical Center in Pasig but was declared DOA at
2.15pm of the same date.

On November 25, 1990, PO3 Rogelio
investigated the tragedy and found out
the removal or getting loose of the
connecting points of the chain block
Negligence is now imposed on the
measures.
Villanueva of the Easter Police District
that the falling of the platform was due to
pin which was merely inserted to the
and platform but without a safety lock.
employer due to lack of precautionary

On May 9, 1991, Jose Juego's widow, Maria filed in the RTC of Pasig of complaint
for damages against the deceased's employer, DMCI. DMCI argued that, the
widow has already availed of the benefits (death) from the State Insurance Fund.

After trial, RTC ruled in favor of the widow granting the payment of damages
from the employer to the widow. It was found out that Maria was not made aware
of her rights and benefits under this circumstance.

DMCI seeks to reverse the ruling of both the RTC and CA on the grounds that 1)
the police report was inadmissible evidence, 2) the doctrine of res ipsa loquitor
is applicable to prove negligence on the part of the petitioner, 3) appellate court
erred in holding that petitioner is presumed negligent under article 2180 of the
Civil Code and 4) respondent is not precluded from recovering damages under
the Civil Code.

Res Ispa Loquitor - the principle that the occurrence of an accident implies
negligence. 1) The accident was of a kind of which does not ordinarily occur
unless someone is negligent

Total amount to be paid is Php644,000 (subject to change)

Issue:
 1) WON Maria Juego can still claim damages after she has waived her rights
for the death benefits she claimed in the State Insurance Fund.

- YES

Held/Ratio: WHEREFORE, the case is remanded to the RTC of Pasig City to

determine whether the award decreed in its decision is more than that of the ECC.
Should the award decreed by the trial court be greater than that awarded by the
ECC, payments already made to private respondent shall be deducted therefrom.

1) Yes, it was made clear that the widow was not completely made aware of
the remedies available to her when the claim before the ECC was filed. In
fact, Maria was unaware of the petitioner's negligence when she filed her
claim for damages. Private respondent testified that she was not aware of
her rights (having only reached Elemantary School).